He described the duality involved in answering the question of defamation of a public figure The Honorable Judge Zvi Zilbertal In his following words: "On the one hand, public status inherently involves public exposure and a willingness to be exposed to criticism, as well as relatively easy access to the media; On the other hand, a public figure's reputation and reputation are harmed more severely than defamatory publications. The answer to the question in which direction the fact that a person is a public figure will affect is derived from a careful balance between the various considerations" (Civil Appeal Authority 5022/13 Rabbi Yitzchak v. Danon Communications Ltd., in the ninth paragraph of his decision (published on the Judiciary website, September 8, 2013)).
- With the consideration given to that duality and the need for balance, it seems to me that it is possible to bundle together the following judicial truths, which will be true in any situation of things:
[1] No other standard of liability or other interpretive criteria of which of the components of the Prohibition of Defamation Law should be determined, a-priori, when the person claiming defamation is a public figure. In this regard, see, in particular, the ruling of Justice Sohlberg, not long ago, in the new Civil Appeal Authority 6557/20 Channel 10 in the tax appeal v. Minister of Culture and Sport - MK Miri Regev, paragraph 53 of his judgment (published on the Judiciary website, March 13, 2024).
[2] The publication being examined must express a connection to the essence of the "public person's work". Publications that are not at all relevant to that public activity will not be able to draw force in a defamation lawsuit from the fact that they were made about a "public figure." On the other hand, the more the expression relates to the essence of the public activity of its subject, the more weight the subject of the publication will have in the balancing act that is being conducted.
[3] Publications that request, by virtue of section 15 of the Prohibition of Defamation Law, a protection deriving from the fact that their subject - a "public person" - are made in good faith. This is a basic requirement in the defenses under section 15 and the complex nature of which I have discussed in the past: